Brooklyn Van Accident Lawyer
A victim that is struck by a van is likely to suffer severe injuries that can substantially impact their life in a number of ways. A victim may be unable to work due to their injuries, and there is a good chance their vehicle received extensive damage in the crash. Fortunately, a victim of a van accident can pursue a claim against the negligent party. If you or a family member was injured in a van accident, you should consult with an experienced Brooklyn van accident lawyer today.
At Sullivan & Galleshaw, LLP, we are devoted to providing all our clients with the unique and aggressive legal representation they deserve to litigate their claim. To schedule a free legal consultation to discuss your claim, contact the Sullivan & Galleshaw, LLP at (877) 311-4878, or contact us online.
How Auto Insurance Works After a Van Accident in Brooklyn
If you were the victim of a serious van accident in Brooklyn, NY, you likely want to file a claim against the negligent driver responsible for your injuries. However, before filing a lawsuit, you may need to ensure that your claim cannot be resolved by turning to your insurance company.
New York operates on a no-fault car insurance system. No-fault auto insurance rules require an injured party to pursue compensation by contacting their own insurance company. This would be a viable option if the victim were involved in a minor accident where they did not suffer severe injuries and the damage to their vehicle was minimal. However, if a victim suffered serious injuries and their vehicle requires extensive repairs, this may not be the wisest choice.
Depending on the type of car insurance you chose, your auto insurance company may be unable to compensate you for all your injuries. Fortunately, you may still be able to pursue the negligent driver if you meet the serious injury threshold. For example, if you suffered a broken hand in a car accident, this would be sufficient to avoid the typical no-fault insurance rules and file a personal injury lawsuit against the driver. Other injuries that meet the serious injury threshold include:
- Crushing injuries
- Injuries that resulted in dismemberment or that require amputation
- Paralysis or loss of function of a body part or organ
- Trauma causing the loss of a child
- A severe injury that will prevent you from working and performing other daily activities
While many of these injuries are less likely when an accident occurs between passenger vehicles, accidents between passenger vehicles and vans are much more dangerous. The sheer weight and size of some vans can ensure that a collision between vehicles will result in severe trauma to an occupant of a vehicle. This is especially true if the driver of the van was driving recklessly or under the influence of drugs or alcohol.
There may be other injuries not listed above that satisfy the serious injury threshold. If you are uncertain about whether your injury qualifies as a serious injury, do not hesitate to speak with an experienced Brooklyn car accident lawyer.
Statute of Limitations for Brooklyn Van Accident Lawsuits
Civil lawsuits are subject to the statute of limitations. Under the statute of limitations, a claimant only has a certain amount of time to file a particular claim with the court before the deadline expires. In Brooklyn, the statute of limitations for a personal injury lawsuit is three years from the date of the accident, under New York law.
If a claimant fails to file their claim with the court in the specified timeframe, the court can bar the claimant from filing entirely. As a result, a claimant may only have the option to seek compensation from their auto insurance company.
Waiting too long to file your case can also be an issue. While three years is an extensive amount of time to pursue a lawsuit, many experienced attorneys may feel worried about accepting a case that is dangerously close to the filing deadline. The attorney may have no time to prepare their complaint, which could result in serious issues at trial.
Additionally, if you require compensation for medical bills and other expenses, it would not be wise to wait a significant amount of time before pursuing your claim.
Contact Our Experienced Brooklyn Van Accident Attorney Today
If you or a family suffered a serious injury during a van accident, you should contact an experienced Brooklyn van accident attorney today. The legal team at Sullivan & Galleshaw, LLP, possesses extensive experience litigating a variety of injury claims, and we are ready to use this knowledge to fight for you. To schedule a free case evaluation to discuss your legal situation, contact Sullivan & Galleshaw, LLP at (877) 311-4878.